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PHILIP BAYLEY (CWA 404)

Judicial · FY2019 · — · Litigated With Penalty · 3601867009

Penalty
Cost recovery
Compliance action

Case

Case Number
10-2019-0076
Type
Judicial
Lead
EPA
Outcome
Litigated With Penalty
DOJ Docket
20-5867
Multimedia
Self-disclosure
N

Defendants (1)

Summary

On October 23, 2023, DOJ and EPA Region 10 received a final judgment in a civil judicial case resolving violations of the Clean Water Act by Joan Bayley, Philip Bayley, and Big D's Beach Cabin, LLC, located in Union, Washington. Defendants discharged dredged or fill material into waters of the United States without a Clean Water Act Section 404 permit or authorization from the U.S. Army Corps of Engineers. The unauthorized discharges occurred along the shoreline and below the high tide line of Hood Canal, which is part of Puget Sound. The unauthorized work included the use of heavy mechanical equipment to place, among other things, dirt, spoil, rock, sand, and concrete to construct a vertical concrete bulkhead, which directly impacted Critical Habitat for the Endangered Species Act listed Puget Sound Chinook salmon. This enforcement action sends a deterrent message against future violations of the Clean Water Act to the regulated community. The Final Judgement by the U.S. District Court of Western Washington at Tacoma required Defendants to make a compensatory mitigation payment of $33,492.10 to the Hood Canal Coordinating Council?s In-Lieu Fee Program, and a civil penalty of $250,000 in accordance with the Court's Order.

Source

Authoritative
EPA ECHO
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